# C_2019220EN.01002301.xml

| 1.7.2019 | EN | Official Journal of the European Union | C 220/23 |
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1.7.2019

EN

Official Journal of the European Union

C 220/23

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Request for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 19 April 2019 — Porin kaupunki

(Case C-328/19)

(2019/C 220/29)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Appellant: Porin kaupunki

Other parties: Porin Linjat OY, Lyttylän liikenne Oy

Questions referred

| 1. | Must Article 1(2)(a) of Directive 2004/18/EC (1) of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts be interpreted as meaning that the model of the ‘municipality responsible’ in accordance with the cooperation agreement between municipalities in question meets the conditions for a transfer of responsibilities which is not covered by the scope of the Directive (C-51/15, Remondis) or a horizontal cooperation which is not covered by an obligation to issue a call for tenders (C-386/11, Piepenbrock with further references), or does this constitute another case altogether? |
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1.

Must Article 1(2)(a) of Directive 2004/18/EC (1) of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts be interpreted as meaning that the model of the ‘municipality responsible’ in accordance with the cooperation agreement between municipalities in question meets the conditions for a transfer of responsibilities which is not covered by the scope of the Directive (C-51/15, Remondis) or a horizontal cooperation which is not covered by an obligation to issue a call for tenders (C-386/11, Piepenbrock with further references), or does this constitute another case altogether?

| 2. | If the model of the ‘municipality responsible’ in accordance with the cooperation agreement meets the conditions for a transfer of responsibilities: In the event that contracts are awarded after responsibilities have been transferred, is the public entity to which the responsibilities have been transferred the contracting authority and is this public entity entitled, on the basis of the responsibilities transferred to it by the other municipalities, to award contracts for services to one of its related entities without a call for tenders in circumstances where the award of these contracts for services would — without the principle of the ‘municipality responsible’ — have been the responsibility of the municipalities which transferred the responsibility? |
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2.

If the model of the ‘municipality responsible’ in accordance with the cooperation agreement meets the conditions for a transfer of responsibilities: In the event that contracts are awarded after responsibilities have been transferred, is the public entity to which the responsibilities have been transferred the contracting authority and is this public entity entitled, on the basis of the responsibilities transferred to it by the other municipalities, to award contracts for services to one of its related entities without a call for tenders in circumstances where the award of these contracts for services would — without the principle of the ‘municipality responsible’ — have been the responsibility of the municipalities which transferred the responsibility?

| 3. | If, on the other hand, the model of the ‘municipality responsible’ in accordance with the cooperation agreement fulfils the conditions of a horizontal cooperation: Can the municipalities taking part in the cooperation award contracts for services without issuing calls for tenders to a municipality taking part in the cooperation, which awarded these service contracts to one of its related entities without a call for competitive tenders? |
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3.

If, on the other hand, the model of the ‘municipality responsible’ in accordance with the cooperation agreement fulfils the conditions of a horizontal cooperation: Can the municipalities taking part in the cooperation award contracts for services without issuing calls for tenders to a municipality taking part in the cooperation, which awarded these service contracts to one of its related entities without a call for competitive tenders?

| 4. | As part of the assessment whether a company carries out the essential part of its activities for the municipality by which it is controlled, does the calculation of the turnover related to the municipality take into account the turnover of a company owned by the municipality which operates transport services within the meaning of Regulation (EC) No 1370/2007 (2) of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70 (hereinafter: Regulation on Public Passenger Transport Services) to the extent that the company derives this turnover from transport services organised by the municipality as the competent authority within the meaning of the Regulation on Public Passenger Transport Services? |
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4.

As part of the assessment whether a company carries out the essential part of its activities for the municipality by which it is controlled, does the calculation of the turnover related to the municipality take into account the turnover of a company owned by the municipality which operates transport services within the meaning of Regulation (EC) No 1370/2007 (2) of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70 (hereinafter: Regulation on Public Passenger Transport Services) to the extent that the company derives this turnover from transport services organised by the municipality as the competent authority within the meaning of the Regulation on Public Passenger Transport Services?

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(1)  OJ 2004 L 134, p. 114.

(2)  OJ 2007 L 315, p. 1.

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